Abstracts

6/23/2013

Law and Revolution; An Analysis of the Raison d’Etre of the Constitution in the Practice of Imam Khomeini

Dr. Asghar Eftekhari

In spite of the inclination of most revolutionary movements to monopolize power and their reluctance to follow a legally based definition for enforcing that power, the experience of the Islamic Revolution shows a totally different trend. Imam Khomeini is considered to be a staunch proponent of the establishment of a constitution. Hence, an analysis of his decision is important and can be meaningful for the present time. This article tries to discuss some aspects of the raison d’etre of the constitution as attempted by Imam Khomeini, and show its implications. This analysis can be valuable for the existing political factions and groups since it urges them to feel committed to and safeguard the constitution as a national charter which can direct their thoughts and practices. Any breach of its precepts is therefore against Imam’s logic. To this end, the writer has expounded on the raison d’etre of the constitution according to Imam Khomeini in two ways: one is based on the theory of rational selection, and the other is based on religious and political necessities.

A Consideration of the Theoretical Capacity of the Constitution of the Islamic Republic of Iran.

Seyyed Reza Shakeri

The constitutional law is one of the most important modern political institutions and references for the structural changes of the government, and a source of political institutionalization in countries. From the political point of view, the latter’s process would become less costly if the epistemological and conceptual atmosphere of the constitution had more explicitness and integrity. The constitution of the Islamic Republic of Iran is worthy of notice in this regard. In other words, one has to have frequent references to this law in order to obtain an understanding of its capacity and to lead the society in proportion to a national charter. Needless to say, any sort of pathological examination in the field should be carried out on the basis of full commitment to the constitution which is a subject of study in this article.

Key expressions: The constitution – political theory – political institutionalization – the Islamic Republic of Iran – the Assembly of Experts.

Aspects of People’s Sovereignty in the Ponstitution of the Islamic Republic of Iran

Dr. Jalal Derakhsheh

Discussion about sovereignty in the history of human thought coincides with the formation of the first governmental organizations. A basic question raised in political and legal considerations deals with the origin and foundation of power and authority of governments. There are two trends of thought involved; one believes in the divine sovereignty, the other refers to people’s sovereignty. This article intends to clarify the concept of political sovereignty and its pertinent theories, by a specific elaboration of the issue in the constitution of the Islamic Republic of Iran and its manifestions in society.

Religious Democracy and the Rights of the Minorities in the political Theory of Imam Khomeini

sharif Lak Zaee

The present article is of a secondary and a posteriori type, not primary and a priori. Thus, the writer intends to apply some issues of Imam Khomeini’s thought to a specific subject. The discussion centers around the rights of religious minorities and sects i.e Zoroastrians, Jews, Christians and Sunnis, as portrayed in Imam Khomeini’s view of religious democracy. What is the scope of these rights? Does it exclusively involve devotional practices or it can be extended to political ones as well? In sum, do these groups enjoy a just and equal treatment in comparison with the majority? Religious democracy, as pictured in the article may rely on either God’s or people’s consent. In other words, the type of political system considered by Imam Khomeini needs the acceptance of people who have chosen it freely and consciously on the one hand, and the sanction of God and the religious law (Sharia’) on the other.

Government and Social Security in the Constitution of the Islamic Republic of Iran

Abdolrahman Hassanifar

Providing social security is a major duty of a political system and government. Its scope depends on the picture that the system has of governance and its structure and objectives.

The article deals specifically with the status of security in the Islamic Republic Constitution. Based on the Islamic political thought and the necessity of leading people, the revolution, and its Islamic ideology to prosperity and salvation, one can picture social and security fields in their judicial, economic, cultural, political, administrative and military aspects which reveal the theoretical integrity and all-inclusiveness of governance in the Islamic system.

Key expressions: security – social security – government – political system – the constitution

The Intellectual Trends in the Islamic Republic of Iran , a Critical Approach

Dr. Mohammad Mansoornejad

The essence of the constitution of the Islamic Republic of Iran is the combination of Islamism and Republicanism, an initiative of Imam Khomeini in the 20th century. Meanwhile this is subject to a lot of intellectual debates in the process of time, among which one can pay due attention to some critical discussions because of their extensiveness and perspectives. Hence, a necessity for the adherents to this phenomenon to render suitable responses to the questions raised.

In this article, the writer discusses the existing intellectual debates and endeavors to clarify claims about the Islamic Republic model in its two levels, i.e Islamism and republicanism.

In today’s complex political systems, supervision is an inevitable device, though its manifestations differ in various countries. According to the constitution of the Islamic Republic of Iran, the Assembly of Experts which comprises the representatives of the people by direct voting, supervises the leadership. The leader himself, besides his supreme role in supervising the three powers and coordinating them, has a stricter supervision over the judiciary, the Guardian Council, the Expediency Council and other subordinate institutions. The consultative Assembly (Majlis) carries out this task in different ways through legislation, investigating complaints filed against the three powers (Acts 88, 90 of the Constitution), giving vote of confidence to the cabinet members, investigating all the country affairs, questioning and impeaching ministers, and other mechanisms. Meamwhile the auditing court affiliated to the Majlis has the duty of financial supervision of other powers and institutions. The judiciary enforces its supervisory right through the court of Administrative justice, and the National General Inspectorate. Finally, each power has its own internal supervisory mechanism.